House File 2112 - Introduced HOUSE FILE 2112 BY HOLT , WHEELER , GERHOLD , JENEARY , GEHLBACH , COLLINS , GOLDING , JOHNSON , MOMMSEN , HENDERSON , STOLTENBERG , FISHER , HAYES , M. THOMPSON , CARLSON , WILLS , MOORE , BRADLEY , and STONE A BILL FOR An Act relating to unlawful activities, including those 1 related to state residency and citizenship requirements 2 in determining eligibility for public assistance, and the 3 smuggling of persons, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5653YH (4) 90 pf/ko
H.F. 2112 DIVISION I 1 STATE RESIDENCY AND CITIZENSHIP REQUIREMENTS FOR PUBLIC 2 ASSISTANCE 3 Section 1. NEW SECTION . 239.12 Residency and citizen 4 requirements for public assistance verification of noncitizen 5 status through the systematic alien verification for entitlements 6 program. 7 1. The department shall require that all noncitizen 8 applicants, who are identified as noncitizens on their 9 application, document and verify their noncitizen status. The 10 department shall determine from the documentation obtained 11 if the person is a noncitizen who may be eligible to receive 12 public assistance. Only a noncitizen who is both a resident 13 of Iowa and is a qualified alien shall be eligible for public 14 assistance. 15 2. The department shall also verify the immigration status 16 of all noncitizen applicants through the systematic alien 17 verification for entitlements program administered by the 18 United States department of homeland security. 19 3. For the purposes of this section: 20 a. Qualified alien means the same as defined in 8 U.S.C. 21 1641. 22 b. Resident means a person who is living in the state with 23 the intent to remain permanently or for an indefinite period. 24 DIVISION II 25 SMUGGLING OF PERSONS 26 Sec. 2. NEW SECTION . 710.12 Smuggling of persons. 27 1. A person commits the offense of smuggling of persons when 28 the person knowingly does any of the following: 29 a. Uses a motor vehicle, aircraft, watercraft, or other 30 means of conveyance to transport an individual with the intent 31 to: 32 (1) Conceal the individual from a peace officer. 33 (2) Flee from a person the actor knows is a peace officer 34 attempting to lawfully arrest or detain the actor. 35 -1- LSB 5653YH (4) 90 pf/ko 1/ 4
H.F. 2112 b. Encourage or induce a person to enter or remain in 1 the United States in violation of federal law by concealing, 2 harboring, or shielding that person from detection. 3 c. Assist, guide, or direct two or more individuals to enter 4 or remain on agricultural land without the effective consent 5 of the owner. 6 2. An offense under this section is a class C felony, 7 except that the offense is: 8 a. A class B felony if the person or other party as 9 specified does any of the following: 10 (1) The person commits the offense in a manner that creates 11 a substantial likelihood that the smuggled individual will 12 suffer serious bodily injury or death. 13 (2) The person smuggles an individual who is a child younger 14 than eighteen years of age at the time of the offense. 15 (3) The person commits the offense with the intent to obtain 16 a pecuniary benefit. 17 (4) During the commission of the offense, the actor, another 18 party to the offense, or an individual assisted, guided, or 19 directed by the actor knowingly possessed a firearm. 20 b. A class A felony under any of the following 21 circumstances: 22 (1) If as a direct result of the commission of the offense, 23 the smuggled individual became a victim of sexual abuse in the 24 first degree under section 709.2 or sexual abuse in the second 25 degree under section 709.3. 26 (2) If the smuggled individual suffered serious bodily 27 injury or death. 28 3. It is an affirmative defense to prosecution of an offense 29 under this section, other than an offense punishable under 30 subsection 2, paragraph a , subparagraph (1), or subsection 31 2, paragraph b , that the actor is related to the smuggled 32 individual within the second degree of consanguinity or, at the 33 time of the offense, within the second degree of affinity. 34 EXPLANATION 35 -2- LSB 5653YH (4) 90 pf/ko 2/ 4
H.F. 2112 The inclusion of this explanation does not constitute agreement with 1 the explanations substance by the members of the general assembly. 2 This bill relates to unlawful activities, including those 3 related to requirements for public assistance and to the 4 smuggling of persons. 5 Division I of the bill relates to state residency and 6 citizenship requirements for public assistance. The bill 7 provides that the department of health and human services 8 (HHS) shall require that all noncitizen applicants for 9 public assistance, who are identified as noncitizens on their 10 application, document and verify their noncitizen status. 11 HHS shall determine from the documentation obtained if the 12 person is a noncitizen who may be eligible to receive public 13 assistance, and such a noncitizen shall only be eligible for 14 public assistance if the person is both a resident of Iowa 15 and a qualified alien as defined under federal law. The bill 16 also requires HHS to verify the immigration status of all 17 noncitizen applicants through the systematic alien verification 18 for entitlements program administered by the United States 19 department of homeland security. The bill defines qualified 20 alien and resident for the purposes of the bill. 21 Division II of the bill provides that a person commits the 22 offense of smuggling of persons when the person knowingly 23 does any of the following: uses a motor vehicle, aircraft, 24 watercraft, or other means of conveyance to transport an 25 individual with the intent to conceal the individual from a 26 peace officer or flees from a person the actor knows is a peace 27 officer attempting to lawfully arrest or detain the actor; 28 encourages or induces a person to enter or remain in the United 29 States in violation of federal law by concealing, harboring, 30 or shielding that person from detection, or assists, guides, 31 or directs two or more individuals to enter or remain on 32 agricultural land without the effective consent of the owner. 33 The bill provides that smuggling of persons is a class C 34 felony, except that the offense is a class B felony if the 35 -3- LSB 5653YH (4) 90 pf/ko 3/ 4
H.F. 2112 person or other party specified in the bill does any of the 1 following: the person commits the offense in a manner that 2 creates a substantial likelihood that the smuggled individual 3 will suffer serious bodily injury or death; the person smuggled 4 an individual who is a child younger than 18 years of age at the 5 time of the offense; the person committed the offense with the 6 intent to obtain a pecuniary benefit; or during the commission 7 of the offense, the actor, another party to the offense, 8 or another individual assisted, guided, or directed by the 9 actor knowingly possessed a firearm. The bill provides that 10 a violation is a class A felony under any of the following 11 circumstances: if as a direct result of the commission of the 12 offense, the smuggled individual became a victim of sexual 13 abuse in the first degree under Code section 709.2 or sexual 14 abuse in the second degree under Code section 709.3; or if the 15 smuggled individual suffered serious bodily injury or death. 16 The bill provides that it is an affirmative defense to 17 prosecution of the offense of smuggling persons, other than 18 an offense committed in a manner that creates a substantial 19 likelihood that the smuggled individual will suffer serious 20 bodily injury or death, or violations resulting in a class 21 A felony charge, that the actor is related to the smuggled 22 individual within the second degree of consanguinity or, at the 23 time of the offense, within the second degree of affinity. 24 -4- LSB 5653YH (4) 90 pf/ko 4/ 4